February 11, 2009 3:29 PM

Earmarks Threatened Over War Protests

While anti-war protesters chained themselves outside a U.S. Marines recruiting center here, a spokesman said Corps does not plan to abandon the office even though the City Council has officially rolled up the welcome mat.

The Berkeley City Council voted Tuesday to tell the Marines that if its recruiters choose to stay in their rented downtown space "they do so as uninvited and unwelcome guests."

Gunnery Sgt. Pauline Franklin said Friday that while the Corps respects city officials' right to free speech, the Marines would not be leaving.

Conservative bloggers and Republican Sen. Jim DeMint, R-South Carolina, lashed out at Berkeley following Tuesday's resolution.

DeMint said he would draft legislation to strip the city of federal money, including funds destined for UC Berkeley, for school lunches in the Berkeley Unified School District, and public safety.

"The First Amendment gives the City of Berkeley the right to be idiotic, but from now on they should do it with their own money," DeMint said in a statement.

Berkeley Mayor Tom Bates said he would speak with the Marines' landlord to see if the recruiters could break their lease early without penalty.

A retired Army captain, Bates also said Friday that he wants the council to amend its resolution because it "did not adequately differentiate our respect and support for those serving in the armed forces and our opposition to the Iraq war policy."

Berkeley police arrested three of the protesters who chained themselves together and blocked people trying to enter the recruiting station. They were cited for misdemeanors and released.

The resolution was not the only token of support for protest groups, such as Code Pink, which have staged rallies outside the recruitment center for months; the Council also paved the way to make such protests easier.

They voted 8-1 to encourage Code Pink to disrupt the recruiting office on a weekly basis but giving them a designated parking space in front of the recruiting office on Shattuck Avenue, from noon to 4 p.m. every Wednesday for six months, as well as a free sound permit during those same hours.

The council also voted to explore enforcing a city anti-discrimination law, focusing on the military's "don't ask, don't tell" policy.

CBS Station KPIX reports that the City Attorney's office will investigate whether that possible action is feasible, but City Manager Phil Kamlarz says it's "unlikely" that Berkeley could enforce its own law against the military.

But the protestors have a supporter in Mayor Bates, who told KPIX, "The Marines don't belong here, they shouldn't have come here, and they should leave."

The recruiting office opened in Berkeley about a year ago. Code Pink began holding sidewalk protests about four months ago, which has annoyed some nearby businesses.
© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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